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1970 Supreme(Del) 238

P.N.KHANNA
MOHAMMAD JAN – Appellant
Versus
HAJI ABDUL SATTAR – Respondent


Advocates Appeared:
D.N.Baizada, H.K.L.SABARVAL, Y.K.SABHARVAL

P. N. KHANNA

( 1 ) HAJI Abdul Sattar. respondent No. 1, and his wife Zohra Bi, respondent No. 2, obtained three separate money decrees against Mohd. Jan, the appellant, Mehtabuddin. respondent No. 3. and M/s. Jan Tin Industries, respondent No. 4 for Rs. 9,000. 00 with costs Rupees 3,250. 00 with costs and Rs. 1,300. 00 with costs respectively. The decree-holders took out execution of their first decree for Rs. 9. 000. 00 and got attached a house belonging to the judgment-debtor, Mohd. Jan, the present appellant. Objections by his wife, under Order 21, Rule 58 of the Code of Civil Procedure, were dismissed. A declaratory suit by her claiming the property as hers met the same fate. In appeal, the trial court s judgment was modified partly to the extent that she was held entitled to a charge on the property to the extent of Rs. 2,000. 00. The house was put to auction; but the appellant, on depositing the entire decretal amount in court, prayed for its release from attachment At this stage, Haji Abdul Sattar. respondent No. 1, the decree-holder, applied on July 31, 1968 tor rateable distribution of the assets held by the court among all the aforesaid three decrees in favour of the decre




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